Legal Opinion
In re the Claim of Ford
Appellate Division of the Supreme Court of the State of New York
Decided February 2, 2012Published
1Opinion of the Court
*1007Whether a claimant has engaged in disqualifying misconduct is a factual question for resolution by the Board and its decision will not be disturbed when supported by substantial evidence (see Matter of Johnson [Commissioner of Labor], 83 AD3d 1314, 1314 [2011]; Matter of Ponce [Commissioner of Labor], 75 AD3d 1041, 1041 [2010]). Likewise, credibility determinations are within the province of the Board to resolve (see Matter of Johnson [Commissioner of Labor], 83 AD3d at 1314; Matter of Green [Village of Hempstead — Commissioner of Labor], 80 AD3d 954, 955 [2011]). However, the Board’s…
2Cases cited4 opinions
- In re the Claim of GreenAppellate Division of the Supreme Court of the State of New York · 2011
- In re the Claim of JohnsonAppellate Division of the Supreme Court of the State of New York · 2011
- In re the Claim of PonceAppellate Division of the Supreme Court of the State of New York · 2010
- In re the Claim of TakserAppellate Division of the Supreme Court of the State of New York · 2009